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1966 Supreme(Online)(Kar) 4

MYSORE HIGH COURT
*K. S. Hegde, A. Ahmed Ali Khan, JJ.
Bhimaji Anna Rao Patil v. Registrar High Court of Mysore
W. P. No. 834, 835 of 1963



1. These petitions, under Art.226 of the Constitution, raise identical questions for decision. Therefore, they could be dealt with together.

2. On the eve of the reorganisation of States in 1956, the petitioner in W. P. No. 834/63 was serving as an Assistant Superintendent in the Civil Branch of the High Court of Judicature at Bombay. At that time, the petitioner in W. P. No. 835/63 was serving as a Clerk on the same High Court. The Central Government allotted both of them to the New High Court of Mysore. This Court consists of Officers drawn from the former High Court of Mysore as well as those allotted to this State from the former States of Bombay, Hyderabad, Madras and Coorg. Hence, it became necessary to integrate the services. The Hon'ble Chief Justice has passed certain Orders, as regards equation of posts and fixation of seniority, on various dates, namely, 25-8-1958, 11-4-1963 and 17-4-1963. The petitioners appear to be aggrieved by those orders. They filed their objections to those orders. They moved the Registrar of the High Court to refer their objections to the Central Government for its decision under S.115(5) of the States Reorganisation Act, 1956 (to be hereinafter referred to as the "Act"). Their prayer has been refused. Hence these petitions.

3. In these petitions, the petitioners have prayed that this court may be pleased to quash the orders passed by the Hon'ble Chief Justice in R. O. C. 1989 of 1958, dated 25-8-1958, 11-4-1963 and 17-4-1963 including the seniority list issued, by the issue of Writ of Certiorari or other appropriate Writ, Order of direction. They further asked for a Writ of Mandamus or other appropriate Writ directing the Registrar to forward the order of the Hon'ble Chief Justice dated 22-2-1958 together with the seniority list along with the objections filed thereto, to the Central Government for its decision.
The petitioner, in W. P. No. 834/63, has in addition sought a Writ of Mandamus or other apppropriate Writ or Order directing the 2nd respondent to equate the petitioner's post of Assistant Superintendent held by him when he was in the High Court of judicature at Bombay with that of the Superintendent in the new High Court of Mysore and direct preparation of the Inter - state Seniority list on the said basis. The petitioner in W. P. No. 835/63 has prayed for a Writ of Mandamus or other appropriate Writ or Order directing the 2nd respondent to equate the post held by him with that of the First Division Clerk in the new High Court of Mysore and direct the preparation of the Inter - State seniority list on the said basis taking into consideration only the services rendered by the Officials in one or the other of the High Courts.

4. According to the petitioners, the ultimate power to decide the question of equation of posts and the determination of seniority rests with the Central Government in view of S. 115 of the "Act". Their submission was that the power of the Hon'ble Chief Justice to determine the conditions of service of the High Court Staff available to him under Art.229 of the Constitution even if it is held to include the power to integrate the services stood modified in view of the provisions of the "Act". It was urged that he has no power to integrate the services in this High Court.
Their further case was that in determining the seniority in a particular cadre, the only relevant consideration is the continuous service of the Official concerned in the particular cadre, in the High Courts and the Hon'ble Chief Justice was not right in taking into consideration their services in the subordinate courts. They also challenged the correctness of the equations made by the Hon'ble Chief Justice. According to them, that equation is not in accordance with the objective evolved at the conference of the representatives of the concerned States, held at Delhi in May 1956.

5. In his Counter - affidavit, the 1st respondent had taken the contention that this Court has no jurisdiction to issue a








































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